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Teen convicted of molesting Ind. girls gets probation

Molested and now pregnant, the soon-to-be teen mom's family is concerned the 17-year-old perpetrator may never have to pay for his crime. (Tim Evans/The Star)
The Indianapolis Star

Tim Evans, USA TODAY
8:03 p.m. EDT June 25, 2013

Mother of girl, 14, who became pregnant, is disappointed in teen's sentence.

An Elwood, Ind., teen who is 14 and eight months pregnant, is shown in her family's Madison County home on Tuesday, June 4, 2013. The girl was 13 when she became the victim of an alleged sexual assault by an older teen who lives nearby and the family is upset that he is not expected to be given any jail time.(Photo: Charlie Nye, The Indianapolis Star)

Story Highlights

Girl, 14, who became pregnant, will deliver baby this week

Teen was released into his mother's custody

Prosecutors asked that he be sent to the Indiana Department of Correction

Madison County Juvenile Court Judge George Pancol released the teen to the custody of his mother. Prosecutors had asked that he be sent to the Indiana Department of Correction.

The sentencing decision, which was twice delayed earlier this month, came just three days before doctors plan to induce labor for the now 14-year-old Elwood, Ind., girl who was one of the teen's victims.

The Indianapolis Star generally does not name victims of sexual assault or youths prosecuted or sentenced in juvenile court. Sentencing for the molester was originally scheduled for June 7. It was postponed until June 11, then reset for Tuesday.

Pancol said his duty, as a judge in juvenile court, was to find the least restrictive placement that provided opportunity for rehabilitation and protection for the community. Pancol said he was confident in a report from the probation department that recommended probation and sexual behavior counseling for the teen.

The judge left open how long the teen would remain on probation but issued a stern warning.

"You come in front of me again," the judge told the teen, "and you'll be put away until someone else lets you go."

“The reality is that as long as you do something before you turn 18 in Madison County, you can go home to your mom.”

Kristy Green, mother of victim

Pancol had the option of sentencing the teen to probation or sending him to the Department of Correction, but it would be up to the department to determine how long to hold the youth. In handing down the sentence, the judge said the department probably would release the teen, who will turn 18 in a couple of months.

The outcome was what Kristy Green, the pregnant victim's mother, had feared. Although The Star is not naming the victim, her mother volunteered earlier this month to speak publicly about her daughter's case because she was afraid the perpetrator would get off with a slap on the wrist.

The failure to send the teen to the Department of Correction, Green said, only adds to the suffering of her family and young daughter, who left the courtroom Tuesday sobbing. In addition to dealing with the harsh realities of a teen pregnancy, Green said, the family had had its home vandalized, and her daughter has been the target of mean-spirited rumors and verbal attacks in their small community.

"I'm just very disappointed," she said after the court hearing. "These girls have to walk around with him saying he didn't do anything and that he got off. It just starts that rumor mill all over again. This nightmare is not going to end for her."

“You come in front of me again and you'll be put away until someone else lets you go.”

Madison County (Ind.) Juvenile Court Judge George Pancol

Green said she was especially upset because the teen has committed other criminal offenses since he was charged with molesting her daughter and two other girls, including one who was 12 at the time. Her daughter was assaulted Sept. 30.

"The reality," Green said, "is that as long as you do something before you turn 18 in Madison County, you can go home to your mom."

The teen's attorney, Ali Zaki, argued during the hearing that the victims — although younger than the age of consent under Indiana law — had consented to sex with his client. Zaki said the sentence of probation was appropriate.

"We have two families who are in pain because of the decisions of their children," said Zaki. "This case should be a lesson for all children: The decisions you make as teens and preteens can affect you for the rest of your life."